What is the legal test for re-opening an application prior to final judgment?
British Columbia, Canada
The following excerpt is from Woodward & Company Lawyers LLP v The Tsilhqot’in National Government, 2021 BCSC 16 (CanLII):
The parties agree that the court has a discretion to re-open an application prior to final judgment to allow new evidence to be received. The discretion is to be exercised sparingly and cautiously so as to avoid an abuse of court process. The factors to be considered on an application to re-open include the relevance of the proposed evidence, the effect, if any, of the re-opening on the orderly and expeditious conduct of the hearing, and any prejudice to the opposing parties: Vander Ende v. Vander Ende, 2010 BCSC 597 at paras. 84.
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